P.K.UNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who claim to be the members of the fourth respondent - Society, allege that the said Society has removed them from its primary membership without following due procedure and in complete violation of Rule 16(3) of the Kerala Co-operative Societies Rules (for short 'the KCS Rules').

(2.) The petitioners impugn Ext.P11 communication received from the Society, wherein they have been notified that their membership has been cancelled and their share value has been kept ready for repayment. The petitioners through their learned counsel, Sri.R.Divakaran, allege that, as is clear from Ext.P11, none of the ingredients of Rule 16(3) of the KCS Rules have been followed and therefore, that the first petitioner has preferred Ext.P3 request for enquiry as also an adjudication of his dispute before the Registrar of Co-operative Societies. They pray that Ext.P11 be struck down; or in the alternative, that Ext.P3 be directed to be taken up and disposed of.

(3.) In response, Sri.N.Reghuraj, the learned counsel appearing for the Society, submits that Ext.P11 cannot be subjected to a challenge before this Court since the petitioners have, concededly, invoked their alternative remedies. He, however, adds that Ext.P11 has been issued after following all necessary procedure under the KCS Act and Rules and therefore, prays that this writ petition be dismissed.